Request for Qualifications Architectural Services, Continuing Contract Miscellaneous Projects RFQ

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1 Request for Qualifications Architectural Services, Continuing Contract Miscellaneous Projects RFQ Due: April 4, 12:00 PM, EST This document shall serve to provide interested parties with specific information as to the procedures for selection of Professional Services in compliance with F.S , Consultant s Competitive Negotiation Act. Table of Contents REQUEST FOR QUALIFICATIONS... 2 GENERAL CONDITIONS... 3 INSURANCE REQUIREMENTS EVALUATION CRITERIA EVALUATION PROCESS SCOPE OF WORK GENERAL INFORMATION RFQ SCHEDULE INSTRUCTIONS FOR PREPARING PROPOSALS SIGNATURE PAGE STATEMENT OF NON-SUBMITTAL OF QUALIFICATIONS DRUG FREE WORKPLACE EVALUATION FORM QUALIFICATIONS CERTIFICATION DISPUTES DISCLOSURE FORM SUB-CONTRACTORS AND CONSULTANTS PUBLIC ENTITY CRIMES... 28

2 REQUEST FOR QUALIFICATIONS The District Board of Trustees of Florida Keys Community College located at 5901 College Rd., Key West, FL 33040, in accordance with Florida Statute is accepting sealed, qualifications ( Statements of Qualifications ) for Architectural Services, Continuing Contract Miscellaneous Projects. These services are further described on the Scope of Work page of the Request for Qualifications. The size, scope and complexity of projects under this contract will be determined based upon specific requirements of each project as determined by Florida Keys Community College. Questions regarding responses to this Request for Qualifications should be in writing either by to Director of Purchasing and Plant Operations at douglas.pryor@fkcc.edu by March 15, The College will respond in writing, to all who inquire. Statement of Qualifications shall be delivered in person or by mail/courier service to the College s Director of Purchasing and Plant Operations, Attn: Doug Pryor, Bldg. A, Room 116, 5901 College Rd., Key West, FL 33040, by 12:00 PM April 4, The Request for Qualifications number, description, and the Firm s name and address must be on the outside of the sealed envelope. After the closing time, Firms Statements of Qualifications will be opened for the sole purpose of recording the names of the Firms submitting their written Statements of Qualifications and to deliver all timely received Statements of Qualifications to the Selection Committee. Any Statement of Qualifications received after the specified time and date shall not be considered; additionally, any Statement of Qualifications submitted orally, telephonically, ed, faxed, or modified shall not be accepted. All Statements of Qualifications may be submitted in person or by mail/courier service to the specified address by the specified deadline. The College cautions firms to assure actual delivery of mailed or hand delivered proposals prior to the deadline set for receiving proposals. Receipt of proposal can be confirmed by calling the College Purchasing Office. The District Board of Trustees of Florida Keys Community College, reserves the right to waive minor, nonmaterial irregularities in any or all Statements of Qualifications and accept or reject, in part or in full, any or all Statements of Qualifications. 2

3 GENERAL CONDITIONS Professional firms submitting qualifications must be certified, licensed and insured to do business in the State of Florida in compliance with Florida Statutes. Firms: To insure acceptance of the proposal, follow these instructions. SEALED QUALIFICATIONS: The number of the proposal and the date of opening shall be shown on the envelope containing each proposal. Firms are requested to show their name and address on the envelope. All proposals are subject to the conditions specified herein and on the attached proposal documents. Completed proposal must be submitted in a sealed envelope. Telegraphic (fax, , telegraph, telephone) proposals will not be accepted. 1. EXECUTION OF QUALIFICATIONS: Proposals must contain an original manual signature of an authorized representative. Failure to properly sign the proposal may invalidate same, and it may not be considered for award. All proposals must be completed either handwritten in ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered information and enter the corrected information above it. Corrections must be initialed by the person signing the proposal. Any illegible entries, pencil proposals or corrections not initialed may not be considered. The original conditions and specifications cannot be changed or altered in any way. Altered proposals will not be considered. Clarification of proposals submitted shall be in letterform, signed by firms and attached to the proposal. 2. NUMBER OF COPIES: Firms shall submit one (1) original and four (4) copies as well as one (1) digital copy on either a CD-ROM or USB flash media in PDF format of the proposal complete with all supporting documentation, in a sealed envelope/container marked as stated in the Proposal Submission clause. This quantity is required so that a full and complete copy of your proposal can be provided to each member of the selection committee. 3. QUALIFICATIONS PREPARATION COSTS: The College shall not be liable for any expenses incurred in connection with the preparation of a response to this RFQ. All Statements of Qualifications submitted in response to this RFQ, conference attendance and visits to Florida Keys Community College must be at the sole expense of the Firm, whether or not any contract is signed as a result of this Request for Qualifications. 4. QUALIFICATIONS SUBMISSION: The College will receive proposals at the Purchasing Office. The outside of the sealed envelope/container must be identified as follows: Firm s name Return address RFQ number and title Due date and time 5. DUE DATE AND TIME: The date and time will be carefully observed. Proposals received after the specified date and time shall be returned unopened. The College will not be responsible for late deliveries or delayed mail. The time stamp located in the Purchasing Office shall serve as the official authority to determine lateness of any proposal. Receipt of the proposal in the Purchasing Department after the date and time specified, due to failure by the firm to provide the above information on the outside of the envelope/container shall result in the rejection of the firm s proposal. The firm may submit the proposal in person or by mail/courier service. The College cautions firms to assure actual delivery of mailed or hand delivered proposals prior to the deadline set for receiving proposals. 6. REGISTRATION: Firms who obtain RFQ documents from other sources must officially register with the College s Purchasing Office in order to be placed on the mailing list for any forthcoming addenda or official communications. The College shall not be responsible for providing addendums to firms who receive RFQ documents from other sources. 3

4 Failure to register as a prospective firm may cause your proposal to be rejected as non-responsive if you have submitted a proposal without an addendum acknowledgement for the most current and/or final addendum. 7. NO QUALIFICATION: If not submitting a proposal, respond by returning only the Statement of Non-Submittal of Qualification and give the reason in the space provided. Failure to submit a Statement of Non-Submittal of Qualification may be cause for removal of the firm from the mailing list. 8. DELAYS: The College, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the College to do so. The College will notify Firms of all changes in scheduled due dates by written addendum. 9. REVISIONS AND AMENDMENTS: The right is reserved, as the interest of the College may require, to revise or amend the specifications or drawings (if applicable) or both prior to the date set for opening of RFQ, such revisions and amendments, if any, will be announced by an addendum to the RFQ. If the revisions and amendments are of a nature which require material changes in quantities (if applicable) or prices (if applicable), the date set for the opening of the RFQ may be postponed by such number of days as in the opinion of the Director of Purchasing and Plant Operations that will enable Firms to revise their RFQ. In such cases the addendum will include an announcement of the new RFQ opening date. The firms shall acknowledge receipt of all addenda by signing, dating, and returning the acknowledgment page of the addendum with their proposal. 10. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All firms must disclose with their proposal the name of any officer, director, or agent who is also an employee of the College. Further, all firms must disclose the name of any Board employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm s firm or any of its branches. 11. DISQUALIFICATION: Any or all proposals will be rejected if there is reason to believe that collusion exists between firms. Proposals in which the prices obviously are unbalanced may be subject to rejection. 12. PROPOSAL WITHDRAWAL: Firms may withdraw their proposals by notifying the College in writing at any time prior to the time set for the proposal deadline. Firms may withdraw their proposals in person or through an authorized representative. Firms and authorized representatives must disclose their identity (company business card and driver s license) and provide a signed receipt for the proposal. Withdrawn Statements of Qualifications may be resubmitted up to the time designated for the receipt of Statements of Qualifications provided that they are then fully in conformance with the requirements of the RFQ. Once opened, all proposals become the property of the College and will not be returned to the firms. 13. POSTING OF RESULTS: Proposal tabulations with recommended awards will be posted for review by interested parties in the Office of Purchasing and Plant Operations on or about April 25, 2016 and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Firms will receive a copy of the proposal tabulations with recommended awards electronically via per Florida Statute (3). 14. ADDITIONAL INFORMATION: No additional information may be submitted, or follow-up performed by any firm after the stated due date of a formal presentation to the selection committee, unless specifically requested by the College. 15. CONTRACTUAL AGREEMENT: This Request for Qualifications in its entirety shall be included and incorporated in the final contract awarded as a result of this Request for Qualifications. The order for contract precedence will be the contract, proposal document and response. Any and all legal actions associated with this Request for Qualifications and/or the resultant contract shall be governed by the laws of the State of Florida. In the event the language in the contract itself should conflict with the terms of this RFQ, the contract shall prevail. There is no obligation on the part of the College to enter into any contract as a result of this RFQ. The College reserves the right to enter into one contract with a single firm for all services, or award multiple contracts to multiple firms, whichever is in the best interest of the College and based on the criteria listed in this RFQ, pursuant to (2), Florida Statutes. 16. PUBLIC RECORDS: Upon award or thirty (30) days after opening, whichever is earlier, proposals become public records and shall be subject to public disclosure consistent with chapter (1), Florida Statutes. Firms must 4

5 invoke the exemptions to disclosure provided by law in the response to the proposal, and must identify the data or other materials to be protected, and must state reasons why such exclusion from public disclosure is necessary. Firms are hereby notified that any part of the Statements of Qualifications, or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by Chapter 119, Florida Statutes (Public Records Law). 17. INQUIRIES/INTERPRETATIONS: All firms shall carefully examine the RFQ documents. Firms are expected to examine, as applicable, the terms and conditions, specifications, Scope of Work, delivery schedule, proposal prices, extensions and all instructions pertaining to supplies and services. Any questions concerning conditions and specifications should be submitted to the Purchasing Department no later than the date specified within the RFQ schedule. Any interpretation of or changes to the RFQ will be made in the form of a written addendum to the RFQ and will be furnished to all firms. Such inquiries regarding this RFQ must be submitted in writing (via , fax or hand delivery) to the College s Director of Purchasing and Plant Operations. The College will provide written answers (via , fax or hand delivery) to the questions in the form of a written addendum to all firms who have received the RFQ. The College will not be responsible for any instructions made by any employee(s) of the College in regard to this RFQ outside of a written addendum. 18. QUALIFIER S CONDITIONS: The Board specifically reserves the right to reject any conditional proposal. 19. SUB-CONTRACTING: Where a firm does not have the capability or the time to complete the work required under this proposal in house, sub-contracting will be permitted only with the prior knowledge and approval of the College. Therefore, the name of any sub-contractor(s) contemplated for use will be included as part of the proposal. This process is needed so that the college can be assured and in agreement that the sub-contractor(s) can complete the work to the desired quality and in a timely manner. 20. PUBLIC OPENING/EVALUATION: Proposals shall be publicly opened on the date and time specified herein unless changed by Addendum. A Proposal may not be altered after the opening of the Proposals. A late modification of the proposal from the otherwise successful Firm offering more favorable terms to the College will be accepted. Upon receipt of proposals, a selection committee will select qualified candidates based on criteria contained herein. At the discretion of the Director of Purchasing and Auxiliary Services, qualified short listed responders will be contacted to give oral presentations after the initial review of all proposals. 21. ACCURACY OF QUALIFICATION INFORMATION: Any firm which submits in its proposal to the College any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration. 22. ADVERTISING: In submitting a proposal, the firm agrees not to use the results there from as a part of any commercial advertising unless permission in writing is granted by the College. 23. GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on the RFQ prior to their performance, it shall be the responsibility of the firm to notify the Purchasing Department at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The College reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the College. 24. LIABILITY, INSURANCE, LICENSES AND PERMITS: Where firms are required to enter or go onto the College property to deliver materials or perform work or services as a result of a proposal award, the firm will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The firm shall be liable for any damages or loss to the Board occasioned by negligence of the firm (or agent) or any person the firm has designated in the completion of the contract as a result of his or her proposal. 25. DRUG FREE WORKPLACE: Whenever two or more proposals which are equal with respect to price, quality, and service are received by the College for the procurement of commodities or contractual services, a proposal received that has completed the Drug Free Workplace form, certifying that it is a drug free workplace, shall be given preference. 5

6 26. CANCELLATION: In the event the contractor violates any of the provisions of this proposal, the Board shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days immediate cancellation may be made. Florida Keys Community College reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days written notice to the other party. 27. TERMINATION: If a contract is awarded as a result of this RFQ and is terminated or cancelled within the first year of the contract period, the College may elect to negotiate and award a new contract to the next ranked firm or to issue a new RFQ, whichever is determined to be in the best interest of the College. The Firm will serve at the will and pleasure of the College. Either party may cancel the Contract with thirty (30) days advanced written notice. However, at the College s sole option, a termination for convenience by the College may be effective immediately and may apply to delivery orders (if applicable) or to the Contract in whole. The College shall be liable for goods or services delivered and accepted. In the event of termination by either party, the Firm will have, in no event, any claim against the College for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the College, the Firm shall: Stop orders/work on the date and to the extent specified. Terminate and settle all orders and/or sub-contracts relating to the performance of the terminated work. All costs incurred for canceled projects will be billed to the College. Transfer all work in progress, completed work, and other materials related to the terminated work as directed by the College. Continue and complete all parts of the work that have not been terminated. 28. SEVERABILITY: If any provision of a contract resulting from this RFQ is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then said provisions shall be deemed inapplicable and omitted and shall not invalidate the remaining provisions of the agreement. 29. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal or a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded work or perform work as a contractor, supplier, sub-firm or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Chapter 287 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing the proposal, the vendor attests they have not been placed on the convicted vendor list. 30. ACCEPTANCES AND REJECTION: The College reserves the right to reject all proposals, to waive any informalities and technicalities, and to solicit and re-advertise for new proposals, or to abandon the project in its entirety. The College reserves the right to make the award to that firm who, in the opinion of the College, will be in the best interest of and/or the most advantageous to the College. The College reserves the right to reject the proposal of any firm who has previously failed in the proper performance of an award or to deliver on time contracts, or who, in the College s opinion, is not in a position to perform properly under this award. 31. JOINT VENTURES: Proposals submitted by firms under joint venture arrangements or other multi-party agreements must submit a power of attorney delegating authority to one principal with authority to negotiate and execute any/all contract documents resulting from negotiations/award of this RFQ. 32. DISPUTES AND PROTESTS: In the case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties. Failure to file a protest within the amount of time prescribed in FS (3), or failure to post the bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 6

7 33. FAMILIARITY WITH LAWS: All firms are required to comply with all Federal, State, and Local laws, codes, rules and regulations controlling the action or operation of this RFQ. Relevant laws may include, but are not limited to: The Americans with Disabilities Act of 1990, Office of Education 6A-14, State Requirements for Educational Facilities (SREF), Florida Statute 1013 (K-20) Education Code (Educational Facilities), OSHA regulations, and all Civil Rights legislation. 34. EQUAL OPPORTUNITY: The College is committed to complying with all laws prohibiting discrimination on the basis of race, color, religion, age, disability, marital status, national origin, and gender. The firm agrees to make no distinction in its employment practices on the basis of race, color, religion, age, sex, marital status, or national origin and neither shall discriminate against any qualified person with disabilities in such practices. Firm agrees to adhere to any and all applicable State and Federal Civil Rights Laws. Florida Keys Community College does not discriminate on the basis of race, ethnicity, national origin, gender, age, religion, marital status, disability, sexual orientation and genetic information in its educational programs and activities. The following department has been designated to handle inquiries regarding nondiscrimination policies: Human Resources, at (305) , Florida Keys Community College, 5901 College Rd. Key West, Florida SMALL BUSINESS PARTICIPATION: The College strongly encourages small, minority and/or women owned Firms or joint venture Firms to submit proposals. Minority/Women Business Enterprises that file false status of their M/WBE status may be found guilty of a felony of the second degree and be disbarred from bidding with Florida Keys Community College for thirty-six (36) months pursuant to Florida Statutes. 36. DEFAULT: In the event of default on a contract, the successful firm shall pay to the Board, as liquidated damages an amount equal to 25% of the unit price proposal, times the quantity (or) $50.00, whichever amount is larger. In the event of default on a contract, the successful firm shall pay all attorneys fees and court costs incurred in collecting any liquidated damages. 37. INVOICING AND PAYMENT: Payment will be made by the buyer after the service awarded to a firm have been received, inspected, and found to comply with award specifications, properly invoiced and minimally meet the following conditions to be considered as a valid payment request: Timely submission of a correct invoice(s), in strict accordance with the price(s) and delivery elements as stipulated in the purchase order or contract, and submit to Accounts Payable at the address indicated on the purchase order. All invoices shall consist of an original and (1) copy; clearly referencing the subject purchase order number; provide a sufficient description to identify goods or services for which payment is being requested; and include date(s) of services. The invoice shall also contain the firm s Federal Employer Identification Number (F.E.I.N.). Florida Keys Community College terms are Net 30 after acceptance of goods or services and receipt of an acceptable invoice as described herein. 38. ANTI-DISCRIMINATION: The firm certifies that he or she is in compliance with the non-discrimination clause in Section 202, Executive Order 11246, as amended by executive order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 39. OSHA: The firm warrants that the product supplied to the College shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. 40. AFFIRMATION: By submission of a proposal, the firm affirms that his/her proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Firm agrees to abide by all conditions of this RFQ and the resulting contract. 41. RENEWAL: Renewal Option, _X_ YES NO: If yes, the terms in this RFQ will automatically renew for one (1) year increments for up to an additional three years unless terminated, with 30 days written notice, by either party. 7

8 42. INDEMNIFICATION: To the fullest extent permitted by law, the firm shall indemnify, hold harmless and defend the College, its Trustees, officers, agents, servants, and employees, from and against all claims, damages, losses, and expenses including, but not limited to, attorneys fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual cost incurred for expert witness testimony, arising out of or resulting from the performance of services required under this Contract, provided that same is caused by the negligence, recklessness, or intentional wrongful conduct of the firm or other person utilized by the firm in the performance of the work. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the College as set forth in Section , Florida Statutes. The firm, without exemption, shall indemnify and hold harmless the College, its employees and/or any of its Board of Trustees Members from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or non-patented invention, process or item manufactured by the firm. Further, if such a claim is made or is pending, the firm may, at its option and expense, procure for the College the right to use, replace or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the College agrees to return the article, on request, to the firm and receive reimbursement. If the firm used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. 43. VERIFICATION OF EMPLOYMENT: In accordance with State of Florida Office of the Governor executive Order Number 11-02, the firm shall utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all persons employed during the contract term by the firm to perform employment duties within Florida and all persons (including sub-consultants) assigned by the firm to perform work pursuant to the contract with Florida Keys Community College. 44. PROHIBITION AGAINST CONTINGENT FEES: By submitting the Firm s Statement of Qualifications, the Firm warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the firm to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision, the College shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration, and to disqualify the Firm from future contracts with Florida Keys Community College for a period up to five (5) years. 45. OPEN COMPETITION: The College encourages free and open competition among Firms. Whenever possible, specifications, qualification invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the College s needs and the accomplishment of a sound economical operation. The Firm s signature on its Statement of Qualifications guarantees that the Firm, its agents, officers or employees have not bribed or attempted to bribe or influence in any way an officer, employee or agent of the College. 46. SPECIAL CONDITIONS: Any and all special conditions and specifications attached here to which vary from these general conditions shall have precedence. 47. DEBARMENT: Florida Keys Community College, when using Federal funds may not solicit offers from, award contracts to or consent to sub-contract with contractors debarred, suspended or proposed for debarment, and may disapprove or not consent to the selection (by a contractor) of an individual to serve as a principal investigator, as a project manager, in a position of responsibility for the administration of Federal funds, or in another key personnel position, if the individual is listed in the Excluded Parties List System (EPLS). Also, the College shall not conduct business with an agent or representative of a contractor if the agent's or representative's name is listed in the EPLS. The College shall review the EPLS before conducting a pre-award survey or soliciting proposals, awarding contracts, renewing or otherwise extending the duration of existing contracts, or approving or consenting to the award, extension, or renewal of sub-contracts. 8

9 48. LOBBYING: Firm or Contractor is prohibited from using funds provided under this RFQ for the purpose of lobbying the Legislature or any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government. 49. RECORDS OF RETENTION: Contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General as per Federal Acquisition Regulation Subpar SELECTION PROCESS: The successful Firm will be selected based on the evaluation criteria described in the applicable sections of this Request for Qualifications. 51. ASSIGNMENT: Neither this Request for Qualifications nor any duties or obligations assumed under any agreement or contract(s) resulting from this Request for Qualifications shall be assigned by Firm without prior written consent of the College. 52. FIRM WARRANTY OF ABILITY TO PERFORM: Firm shall warrant that there is no action suit, proceeding, inquiry, or investigation, at law or equity, before or by a court, governmental agency, public board or body, pending or, to the best of the Firm s knowledge, threatened, which would in any way prohibit, restrain, or enjoin the execution or delivery of the Firm s obligations or diminish the Firm s obligations or diminish the Firm s financial ability to perform the terms of any proposed contract with the College. 53. INDEPENDENT FIRM: Nothing herein is intended or shall be construed as in any way creating or establishing the relationship of co-partners between the parties or in any way making the Firm the agent or representative of the College for any purpose in any manner whatsoever. Firm is, and shall remain, an independent contractor with respect to all services performed. 54. QUALIFICATIONS MODIFICATION: A Firm may change the Statement of Qualifications at any time prior to opening; however, no oral modification will be allowed. Only letters or other formal written requests for modifications or corrections of a previously submitted Statement of Qualifications, which are addressed in the same manner as the Statement of Qualifications, and are received by the College s Director of Purchasing and Plant Operations, Attn: Doug Pryor before the scheduled opening time will be accepted. The Statements of Qualifications, when opened, will then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope; which is plainly marked A Modification of Qualifications with the Firm s name. 55. AMERICANS WITH DISABILITIES ACT OF 1990 AND SUBSEQUENT REGULATION, 1991 AND 2010: If special accommodations are required in order to attend the Pre-proposal meeting and/or the Statement opening, contact Doug Pryor, Director of Purchasing and Plant Operations (305) PROPOSED MATERIALS: The material submitted in response to the Request for Qualifications becomes the property of the College and is to be appended to any formal document, which would further define or expand the contractual relationship between the College and the Firm. 57. PROPRIETARY MATERIAL: All rights to proprietary material must be transferable to the College in the event the firm goes out of business. 58. OWNERSHIP OF WORK PRODUCTS: The College will be considered the owner of all work products produced under any contract that results from this RFQ. 59. ERRORS AND OMISSIONS: The Firm is expected to comply with the true intent of this RFQ taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the Firm suspect any error, omission, or discrepancy in the specifications or instructions, the Firm shall immediately notify the College, in writing, and the College shall issue written instructions to be followed. The Firm is responsible for the contents of its Statement of Qualifications and for satisfying the requirements set forth in the RFQ. 60. FIRM S RESPONSIBILITY: It is understood and the Firm hereby agrees it shall be solely responsible for all services it proposes, notwithstanding the detail present in the RFQ. 9

10 61. PROPOSAL REJECTION: The College shall have the right to reject any or all Statements of Qualifications and in particular to reject a Statements of Qualifications not accompanied by data required by the RFQ or a Statements of Qualifications in any way incomplete or irregular. Conditional Statements of Qualifications will not be accepted. 62. PERFORMANCE INQUIRY: As part of the evaluation, the College may make inquiries to determine the ability of the Firm to perform the work. Please provide references as stated in the Previous Experience section of the Instructions for Preparing Proposals in this RFQ, preferably from other educational institutions, that shall include the complete name, address, telephone number, and contact person. 63. GOVERNING LAW AND VENUE: This contract, and any disputes hereunder, shall be construed in accordance with the laws of the State of Florida and enforced in the courts of the State of Florida. College and Firm hereby agree that venue shall lie in Monroe County, Florida. 10

11 INSURANCE REQUIREMENTS 1. REQUIREMENTS: During the performance of the services under this contract, contractor shall maintain the following insurance policies reflecting at least the minimum amounts and conditions as follows: A. Minimum Limits: 1. General Liability Insurance with all of the following: a. Bodily injury limits of not less than $1,000,000 for each occurrence/$2,000,000 aggregate b. Property damage limits of not less than $1,000,000 for each occurrence/$2,000,000 aggregate 2. Automobile Liability Insurance with all of the following: a. Bodily injury limits of not less than $500,000 for each person b. Not less than $500,000 for each incident c. Property damage limits of not less than $500,000 for each accident 3. Workers Compensation Insurance in accordance with statutory requirements, as well as the following: a. Employer s liability insurance with limits of not less than $100,000 for each accident b. $100,000 for each disease c. $500,000 aggregate 4. Professional Liability, when applicable for services provided, not less than $1,000,000 per occurrence/$2,000,000 aggregate B. Conditions: 1. Policies must be written by an insurance company authorized to do business in Florida. 2. Policies other than Worker s Compensation shall be issued only by companies authorized by maintaining certificates of authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida and which maintain a rating of A or better and a Financial Size Category of VII or better according to the A.M. Best Company. Policies for Worker s Compensation may be issued by companies authorized as a group self-insurer by Florida Statute The College s Director of Purchasing and Plant Operations or designee may verify ratings at A.M. Best s website: (regarding item 1B2 above) 4. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the Certificate(s) of Insurance. 5. Contractor shall furnish the College Certificates of Insurance that shall include a provision that policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the College. 6. Contractor shall include the College as an additional insured on the General Liability and Automobile Liability insurance policy required by the contract. All of the contractor s subcontractors shall be required to include the College and contractor as additional insured on their General Liability insurance policies. 7. If an ACCORD Certificate of Liability Insurance form is used by the contractor s insurance agent, the words endeavor to and... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives in the cancellation paragraph of the form shall be deleted. 8. The contractor shall not commence work under this contract until all insurance required as stated herein has been obtained and the College has approved such insurance. 11

12 2. MISREPRESENTATION: 9. Claims made insurance policies are not acceptable. Misrepresentation of any material fact, whether intentional or not, regarding the firm s insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing contract. 3. GOVERNMENTAL ENTITIES: In the event the firm is a governmental entity, different insurance requirements may apply. 12

13 EVALUATION CRITERIA Award of any contract(s) will be based on the following criteria, as addressed in the Statement of Qualifications by the Firm. References to project in the evaluation criteria are related to potential projects within the services described in this Request for Qualifications. 1. Architectural Team List the makeup of your team, including the names and addresses of sub consultants, if any. The College will be looking for the experience level and background of team members and the degree to which previous experience demonstrates the ability to provide the services in a professional and timely manner. Indicate who in your team will be the primary contact person for the Owner. 2. Previous Experience Provide descriptions of recent projects, for which your team has been the lead architect engineer, including details of cost, and relevance to the project. Outline your team s experience with Higher Education projects. 3. Services and Quality Control List all services your firm can provide to the College. The College will rely on you to provide a high quality product and to insure that the contractor meets the specifications that you and the College outline. Explain how you will maintain high quality design and enforce high quality construction. 4. Overall Quality of the Submittal Scoring will be based on overall quality of the proposal and compliance with the requirements of the RFQ. 5. References List four clients for whom you have provided services in the past four years. These references should have had direct contact with the primary staff proposed on this project. Give a brief scope of work for each project. Provide the contact person s name, current telephone number and address. Provide two clients and contractor references for projects currently under construction, or completed within the last year, including contact names and current telephone numbers and address. 6. Financial Statements Provide one copy of the company s financial statements for the last three (3) years is required. Internally prepared, compiled, reviewed and audited statements are acceptable. The College may require the Firm to submit additional financial information necessary to evaluate the Firm s financial ability to perform the project and to respond to damages in the event of litigation pertaining to errors and/or omissions in providing professional services. EVALUATION PROCESS 1. EVALUATION METHOD: A. The College will appoint an evaluation committee to evaluate proposals, and to recommend a ranked short list of finalists to start negotiations for a contract. B. The College shall be the sole judge of its own best interests, the proposals, and approval of the resulting contract. The College s decisions will be final. C. The evaluation committee will evaluate and rank all responsive written proposals to determine which proposals best meet the needs of the College based on the evaluation criteria. 2. NON-RESPONSIVE PROPOSALS: A. Non-responsive proposals will be rejected by the Purchasing Department, and may not be distributed to the evaluation committee for consideration. Additionally, the evaluation committee may determine that required submittals/documentation is so inadequate as to be determined to be non-responsive. Nonresponsive proposals may include, but are not limited to the following: 1. Failure to sign the proposal 13

14 3. SHORT LISTING: 2. Failure to acknowledge addenda (unless all changes are not material) 3. Failure to provide required submittals/documentation 4. Submission of a late proposal 5. Firm does not meet minimum requirements A. Upon completion of the evaluation of all written proposals, the evaluation committee shall recommend a ranked short list of firms. B. Only those firms with the highest scores rated in accordance with the above criteria and their weights will be ranked. C. The list of short listed firms will be posted in the Office of Purchasing and Plant Operations and may be posted to/in additional areas. 4. NOTIFICATION OF SHORTLISTING: A. The short listed firms will be notified as follows: 1. An will be sent to those firms who have been short listed, notifying them of their rank. 14

15 5. STATEMENT OF QUALIFICATION: 1. To insure that all RFQ s are fairly evaluated, scored and ranked, it is very important that the RFQ s are prepared according to the prescribed format. Failure to follow this requirement may result in the disqualification of your proposal. 2. Point System: All proposals will be evaluated on the following point scale. 1. Architectural Team 45 Points 2. Previous Experience 25 Points 3. Services and Quality Control 15 Points 4. Overall Quality of the submittal 5 Points 5. References 10 Points Total Written Proposal 100 Points SHORT LISTED FIRMS ONLY 6. Interviews 35 points 7. Financial Statements 15 Points Total Interviews Total Written Proposal + Interviews and Financials 50 Points 150 Points 15

16 SCOPE OF WORK MISCELLANEOUS ARCHITECTUAL PROJECTS- CONTINUING CONTRACT The successful firm(s) will be required to provide sufficient information to permit contractors to respond to College s request for proposals and permit College to enter into a construction contract. The budget for each project and services requested shall be determined based upon each projects specific scope and requirements. In accordance with (2) (g), Florida Statutes, each individual project under the contract shall not exceed $2 million. For study activity each individual study under the contract shall not exceed $200,000. The architectural services shall include, but are not limited to all professional services and meetings required for the following: 1. Review of existing site conditions. 2. Preparation of a scope of work statement and preliminary cost estimate. 3. Coordination with appropriate government agencies. 4. Design and Construction drawings and specifications that incorporate the necessary sub consultant discipline such as environmental, architectural, engineering, structural, surveying and any other that will be required. The documents will set forth in detail the requirements for construction of the project. 5. Assist in the bid process and evaluation of the construction contract. 6. Administrative review and observation during the construction phase, review of the submittals and shop drawings, review of the project closet out documents and the 11 month warranty review. 7. Manage all architectural processes related to Construction Manager at Risk projects. 16

17 GENERAL INFORMATION 1. PURCHASING AGREEMENTS WITH OTHER PUBLIC AGENCIES: A. All firms submitting a response to this RFQ agree that such response also constitutes an offer to all public entities within the State of Florida under the same conditions, for the same price, and for the same effective period, unless an exemption is submitted with the proposal. The exemption should be submitted on a separate form with the Statement of Qualifications and labeled Exemption to Purchasing Agreements with other Public Agencies. B. Each public agency desiring to accept these proposals, and make an award thereof, shall do so independently of any other public agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by the virtue of this RFQ. RFQ SCHEDULE TIME DAY/DATE DESCRIPTION Advertise RFQ March 1, :00 PM March 15, 2016 Questions regarding RFQ due 12:00 PM April 4, 2016 RFQ due TBD Meeting to review, rank, and Shortlist Proposals TBD Interview Shortlist and Final Ranking TBD Final ranking approved by Board of Trustees and/or College President and approval to negotiate and execute a contract. 17

18 INSTRUCTIONS FOR PREPARING PROPOSALS 1. RESPONSE REQUIREMENTS: To ensure that all Statements of Qualifications are fairly evaluated, scored, and ranked, it is very important that the Statements of Qualifications are prepared according to the prescribed format. Failure to follow this requirement may result in the disqualification of your Statement of Qualifications. A. To be considered, one (1) original and four (4) copies as well as one (1) digital on either a CD-ROM or USB flash media in PDF format of each Statement of Qualifications must be received at the College s Director of Purchasing and Plant Operations, Attn: Doug Pryor, 5901 College Rd., Key West, FL no later than 12:00 PM on April 4, Statements of Qualifications should be mechanically bound and should be limited to not more than 40 (8.5 inch x 11 inch) pages printed on one side excluding covers, dividers, entire original RFQ and the requested forms in the RFQ. Oversize pages will be counted as two pages. Submissions in excess of 40 pages will not be disqualified; however, clarity, conciseness, and brevity will be evaluated in completeness and responsiveness. B. Do not alter the RFQ in any way. Do not take it apart to use it in sections of your proposal. The entire RFQ will become part of the final contract between the College and the Firm. C. The complete Statement of Qualifications responding to the RFQ must include a completed signature page (Section C.). D. The Statement of Qualifications shall be signed by a person or persons legally authorized to bind the Firm to a contract. A Statement of Qualifications submitted by an agent shall have a current Power-of- Attorney attached certifying agent s authority to bind Firm. 2. PROPOSAL FORMAT: A. For ease of evaluation: 1. The proposal should be submitted on 8 ½ x 11 paper 2. Portrait Orientation 3. With headings and sections numbered 4. The sections should be separated by using divider tabs for easier reference 5. Ensure all information is typewritten B. The proposal should be divided by tabs into sections with references to parts of the RFQ done on a section-by-section basis. 2. PROPOSAL SUBMITTAL: A. Basic Submittal Information: 1. Letter of Intent: This letter will summarize in a brief concise manner, the firm understands the Scope of Work and make a positive commitment to perform the work/service in a timely manner. The letter must be signed by an official authorized to make such commitments and enter into a contract with the College. The letter must indicate the official s title or authority. The letter should not exceed one (1) page in length. 2. Acknowledgement of Addenda: Include the signed and dated acknowledgement page of the last/final addendum issued by the College, if applicable. 3. Signature Page 4. Qualifications Certification Form 5. W9 Form 18

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